HomeMy WebLinkAboutOrdinance 46580
ORDINANCE NO, 4658
AN ORDINANCE APPROVING VAC 04-1255 SUBMITTED BY
TIM MADDOX FOR PROPERTY LOCATED ON THE EAST
SIDE OF 2553 FERGUSON AVENUE AS DESCRIBED ON THE
ATTACHED MAP AND LEGAL DESCRIPTION
WHEREAS, the City Council
has
the authority under A.C.A. § 14-54-104
to vacate public
grounds or portions thereof which are
not
required for corporate purposes,
and
WHEREAS, the City Council has determined that the following described easement is not
required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City of Fayetteville, Arkansas hereby vacates and abandons all of
its rights together with the rights of the public generally, in and to the following described six foot
portion of utility easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "B" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
PASSED and APPRthis 21" day of December, 2004.
ATTEST:
By:
;FAYETTEVILLE; By:
SMITH,
DAN COODY,
I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illu IIIII IIII IIII
Recorded: 02/01/20050atT002.07:58 PH
Fee Amt: t $14.00 A 1 of 3
eeh1naCountyv.. AR
Bette Stamos Circuit Clerk
Pile2005-00004789
EXHIBIT p6A"
LOT 41, CEDARWOOD ADDITION -PHASE I, FAYETTEVILLE, ARKANSAS, AS PER
PLAT RECORD 8-111, ON FILE IN THE WASHINGTON COUNTY CIRCUIT CLERK'S
OFFICE, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE
SOUTHEAST CORNER OF SAID LOT 41; THENCE S86°23'06"W 31.92 FEET; THENCE
N03036'5419W 7.50 FEET TO THE POINT OF BEGINNING; THENCE N03036'54"W 2.50
FEET; THENCE N86°23'06"E 18.93 FEET; THENCE N06°21'25"W 27.74 FEET; THENCE
N83038535"E 6.00 FEET; THENCE S06°21'25 E 30.53 FEET; THENCE S86°23'06"W 25.05
FEET BACK TO THE POINT OF BEGINNING CONTAINING 239.81 SQUARE FEET MORE
OR LESS.
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P°AYErMVILLL, ARKANSAS
R.G.P.
EX19T1'
FENCE
•
Washington County, AR
I certify this instrument was filed on
02/01/2005 02:07:58 PM
and recorded in Real Estate
File Number 2005-OOP04789
Bette St ps - Circu' Clerk
by
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y6s�
CITY COUNCIL AGENDA MEMO ✓f}C 0Q-)d.55' //4am t .5 /
FA�4u sd n AAI."I u.t
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: December 3, 2004
Subject: Easement Vacation for Hanks (VAC 04-1255)
Planning Staff recommends approval of an ordinance vacating a portion of an existing
utility easement located at 2553 Ferguson Ave.
BACKGROUND
This utility easement was platted with the Cedarwood Addition Phase I in 1979. Part of
this 25' general utility easement is currently utilized by the City of Fayetteville and
contains a 36" drainage pipe.
DISCUSSION
The applicant has submitted the required notification forms to the adjacent property
owners. No adjoining property owners object to the vacation of this easement. The
Transportation Department has inspected the location of the drainage pipe and found that
it is currently located under an existing fence along the property line. Vacating this
portion of the utility easement would not adversely effect the ability to maintain the
existing pipe.
The Planning Commission voted 6-0-0 in favor of this request on Monday, November 22,
2004.
BUDGETIMPACT
None.
t
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E
n19t3ic►:ic eloWl"
AN ORDINANCE APPROVING VAC 04-1255 SUBMITTED BY TIM
MADDOX FOR PROPERTY LOCATED ON THE EAST SIDE OF 2553
FERGUSON AVENUE AS DESCRIBED ON THE ATTACHED MAP AND
LEGAL DESCRIPTION.
WHEREAS, the City Council has the authority under A.C.A. §14-54-104 to vacate public
grounds or portions thereof which are not required for corporate purposes, and
WHEREAS, the City Council has determined that the following described easement is not
required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City of Fayetteville, Arkansas hereby vacates and abandons all of
its rights together with the rights of the public generally, in and to the
following described six foot portion of utility easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit `B" shall be filed in the office of
the Recorder of the County and recorded in the Deed Records of the County.
PASSED AND APPROVED this day of , 2004.
ATTEST:
0
Sondra Smith, City Clerk
APPROVED:
By
Dan Coody, Mayor
EXHIBIT "A"
LOT 41, CEDARWOOD ADDITION -PHASE I, FAYETTEVILLE, ARKANSAS, AS PER
PLAT RECORD 8-111, ON FILE IN THE WASHINGTON COUNTY CIRCUIT CLERK'S
OFFICE, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE
SOUTHEAST CORNER OF SAID LOT 41; THENCE S86°23'06"W 31.92 FEET; THENCE
N03036154"W 7.50 FEET TO THE POINT OF BEGINNING; THENCE N03036'54"W 2.50
FEET; THENCE N86°23'06"E 18.93 FEET; THENCE N06021'25"W 27.74 FEET; THENCE
N83038'35"E 6.00 FEET; THENCE S06°21'25 E 30.53 FEET; THENCE S86023'06"W 25.05
FEET BACK TO THE POINT OF BEGINNING CONTAINING 239.81 SQUARE FEET MORE
OR LESS.
FAYETTEVILLE Pc Meeting of November 22, 2004
THE CrrY OF FAYEFIEVILLF, ARKANSAS -
PLANNING DIVISION CORRESPONDENCE
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 47"75-8264
TO: Fayetteville Planning Commission Members
FROM: Leif Olson, Associate Planner
Brent O'Neil P.E. Staff Engineer
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: November 17, 2004
VAC .04-1255: Vacation (HANKS, pp 293) was submitted by TIM MADDOX for
property located at 2553 FERGUSON AVENUE. The property is zoned RSF4,
RESIDENTIAL SINGLE FAMILY 4 UNITS/ACRE, and contains approximately 0.21
acres. The request is to vacate a portion of a utility easement on the subject property for
the construction of an addition to the existing structure.
Findings: Vacating
this utility easement would
not
limit access to the existing 36"
drainage pipe that the
city currently has installed in
this
location.
Background: This utility easement was platted with the Cedarwood Addition'Phase I in
1979. This 25' general utility easement is currently utilized by the City of Fayetteville
and contains a 36" drainage pipe. The drainage pipe is located under an existing fence
along the property line.
Request: The applicant requests to vacate a 6' portion of an existing general utility
easement to allow for construction of an addition to the home located at 2553 Ferguson
Avenue.
The applicant has submitted the required notification forms to the utility companies and
to the City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
SW_Bell No Objections
K:VLepoMX2004\PC Reports\I 1-22-"VAC 04-1255 (Hanks).doc
November 22, 2004
Planning Commission
VAC 04-1255
Page 5.1
01
CITY OF FAYET TEVILLE: RESPONSE
Water/Sewer No Objections
Transportation Access must be maintained to the
36" drainage pipe that exists
Solid Waste No Objections
Engineering No Objections
Public Comment: The applicant has submitted the required notification forms to the
adjacent property owners. Adjacent property owners had no objections to the proposed
vacation.
Recommendation: Staff recommends approval of the proposed, utility easement
vacation 04-1255.
PLANNING COMMISSION ACTION: Yes Required
Approved Denied
Date:
November 22, 2004
Comments-
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total
without exception by the entity requesting approval of this development item.
By
Title
Date
CITY COUNCIL ACTION:yes Required
Approved Denied
Date:
KAReports\2004\PC RepoPtAl 1-22-04\VAC 04-1255 (Hanks).doc
November 22, 2004
Planning Commission
VAC 04-1255
Page 5.2
161.07 District Rsf4, Residential Single -Family — Four Units Per Acre
(A)Purpose. The RSF4 Residential District is designed to permit and encourage the
development of low density detached dwellings in suitable environments, as well as
to protect existing development of these types.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right -
Unit 8 I Sin le-fami snwejjjng
(2) Conditional uses.
Unit 2 . wide uses condiaonal use Permit
Unit 3 public rotection and facilities
Unit 4 "Rural and recreational facNes
Unit 9 Tvro-tams dwelli s
Unit 24 Home ocm adore
Unit 36 tKnreless canmuni bom faa7ities
(C) Density.
Single-family Two-famRy
- dwe ' s develfincls,
Units nacre 4 or Was I 7 or less
(D) Bulk and area regulations.
Single-family
dwellings
Two-family
dwelt g s
um width
ELWOtarea
70 R
80 tL
ini num
rea per
nit
8,000 . ft
8,000 sq. R
12,000 it
6,000 sq. &
(E) Setback requirements.
FrontI Side I Rear
25RI 8ft I 20R 71
(F) Height. None.
(G) Building area. On any lot the area occupied. by all buildings shall not exceed 40% of
the total area of such lot.
(Cade 1991, § 160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99)
K:Wcportst2004\PC Rcportsll 1-22-04\VAC 04-1255 (Hanks).doc
November 22, 2004
Planning Commission
. VAC 04-1255
Page 53
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VAC 044255
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FAYETTEVILLE, AWANSAw
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November 22, 2004
Planning Commission
VAC 04-1255
Page 5.5
MMOin►®i I lok4a"W s
Dawn T. Warrick
Submitted By
$0.00
Cost of this request
n/a
Account Number
�— n/a
Project Number
Budgeted Item
• City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
21-Dec-04
City Council Meeting Date
Planning
Division
Action Required:
tility easement located on
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
hit:(2 3-o
Department Direc or � Date
4�� 1 2L
City Attorney Date
P
Operations
Department
east side of 2553 Ferguson
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
Original Contract Date: n/a
Original Contract Number: n/a
Received in City Clerk's Office
Received in Mayor's Office
Mayor !� D /2 16 h)
From: Clarice Pearman
To: Thomas, Renee
Subject: Exhibit Bs
Renee, Please
get
me Exhibit B
for item VAC
04-1255 and VAC 04-1279. There are maps in the backup
for these items
but
none of them
say which is
Exhibit B.
Thanks.
From: Clarice Pearman
To: Thomas, Renee
Date: 1/6/05 9:13AM
Subject: Re: VAC 04-1255,
VAC 04-1279 and VAC 04-1324
Renee,
Please let me know when to expect the Exhibit B for these items. This the second request for VAC 04-
1255 and VAC 04-1279 from 12/21/04 meeting. I also need an Exhibit B for VAC 04-1324 passed by
Council on 1/4/05. There are maps attached to backup but none designated as Exhibit B. These are
needed for publication and filing at the courthouse. I can't publish without the exhibits nor can I file them
with circuit clerk's office.
Thanks.
CC: Conklin, Tim; Pate, Jeremy
From: Clarice Pearman
To: Williams, Diane
Subject: Ord. 4658 and 4659
Please hold off on publishing these items. I haven't received the Exhibit B for these items as of yet. As
soon I do I'll let you know. I can't publish without them being available in our office.
Thanks for your help.
From: Clarice Pearman
To: Thomas, Renee
Date: 1/10/05 3:24PM
Subject: Renee,
Renee,
Please let me know when to expect the Exhibit B for these items. This the third request for VAC 04-1255
and VAC 04-1279 from 12/21/04 meeting. I also need an Exhibit B for VAC 04-1324 passed by Council
on 1/4/05.
There are maps attached to backup but none designated as Exhibit B. These are needed for publication
and filing at the courthouse.
I'd like to get these publish but I can't publish without the exhibits nor can I file them with circuit clerk's
office.
CC: Pate, Jeremy, Conklin, Tim
From: Clarice Pearman
To: Pate, Jeremy
Date: 1/21/05 4:04PM
Subject: Ord. 4658, 4659, 4669
Attached are the ordinances passed by the City Council on December 21, 2004 and January 4, 2005
regarding approval of vacation which now include Ex. Bs.
Thanks.
Clarice
FFIDAVIT OF PUBLICATION
, do solemnly swear that I am the
3azette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
Ndvfl(W�. �Fw5was inserted in the regular editions on
PO#
Publication Charge: $
Subscribed and sworn to before me this
V day of QQ1.000Lf 2005.
Notary. Public
Sharlene D. Williams
Notary Public
My Commission Expires: Grate of Arkansas
My Commission Expires
October 18, 2014
Please do not pay from Affidavit.
An invoice will be sent.
REC1=IVED
JAN � 4 2005
cr. v'
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX)
0 •
AN ORDINANCE APPROVING VAC N-1255 SUBMIT- e egle
TED BY TIM MADDOX OR PROPERTY LOCATED
ON THE EAST SIDE OF 2553 FERGUSON AVENUE YAS DESCRIBED ON THE ATTACHED MAP AND
LEGAL DESCRIPTIONA B
wNBRB48r the City CounGl has the euihafly under 'I
A.C.A. § 14-54-104 to vacate Public grounds a POWZIOns thereof which are rot required for Carporete
Purposes, and -
wmnm'Hr'ths City COMO! free detarinhW that the toWng described easement is rot required la
cmmate ourcceae.
NOWr THEREPORBr BH R ORDAINED BY TNH CRY TBVILLHr ARNANSA&- COUNCIL OF THE CRY OP PAYHT-
Section 1: That the CdY of Fayettevlle, Arkansas hereby'vamtes and abargans el of Its rightS
together
the rights of the public generally. in end to tha following descrbed = foot PUbDn of uNry emeasse.
Sea Exlh" -A- attached hanat0 end niece a Pert hereof.
Section 2: That a copy of tral Ordhergo a* caulsd by the City Clerk slag wth the nap attached hereto end labeled ExNbt -B' shell be Red In the Offs) of the Recorder of the County and recorded In
the Deed Records of. the Count'.
And APPROVED this 21 st day of December, 200,1.
BY:
IN7NDIU BIAITII, CIW CWk
EXHIBIT -A-
I, CEDARWOOD ADDITON—PHASE I. FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORD 8.
A FILE IN i B D AS FOLLLLOW& STARTING AE WASHINGTON �HSOUTHEAST CORNER OF SAID LOCLERK'S OFFICE. TE41; THESN�CE 1'06W 31.92 FEET, THENCE NO3'36'54 W 7.50 FEET TO THE POINT OF BEGINNING; THENCE
3'S4W 2.50 FEET; THENCE N86°23'06'E 18.83 FEET, THENCE NO6°21'25'1N 27.74 FEET
;E N83.38'350E 6.00 FEET THENCE S08°21'25 E-30.53 FEET, THENCE S86'23'06'W 25.05
ACK TO THE POINT OF BEGINNING CONTAINIIr� 239.81 SQUARE FEET MORE OR LESS.
B is evalla ble for Hewing in the city derk'e Office.